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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

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Bombay High Court Allows Challenge to Property Tax Demands on Mobile Towers in Part. Conservancy Tax, Penalty, and Shasti on Illegal Constructions Quashed as Invalid Under Maharashtra Municipal Corporations Act.

The petitioners, Chennai Network Infrastructure Ltd. and another, carry on business of providing infrastructure services including installation and ma...

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Bombay High Court Dismisses PIL Challenging Toll Road Tender and Concession Period. Policy decisions regarding toll collection and concession periods are not subject to judicial review unless arbitrary or mala fide.

The petitioner, Nandu Sambaji Nagarkar, a social worker, filed a Public Interest Litigation before the Bombay High Court, Nagpur Bench, challenging th...

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Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

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Madras High Court Dismisses Revenue's Appeal in Penalty Case for Wrongful DTAA Claim — No Concealment Found. Assessee's Bonafide Belief That India-China DTAA Applied to Hong Kong Based on Official Document Precludes Penalty Under Section 271(1)(c) of Income Tax Act, 1961.

The revenue appealed against the common order of the Income Tax Appellate Tribunal (ITAT) which set aside the levy of penalty under Section 271(1)(c) ...

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High Court Dismisses Writ Petition of Assistant PF Commissioner Due to Delay and Laches in Challenging EPF Damages Order. Petition filed nearly three years after impugned order without explanation for delay, and no merit found in challenge to damages calculation under Para 32A of EPF Scheme, 1952.

The Assistant Provident Fund Commissioner (petitioner) filed a writ petition under Article 227 of the Constitution of India before the High Court of K...

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High Court Quashes Municipal Notice for Trade Licence on Cinema Exhibition Under Karnataka Municipalities Act. Cinema Exhibition Held Exclusively Regulated by Karnataka Cinemas (Regulation) Act, 1964, Not Subject to Municipal Trade Licence Under Section 256 of Karnataka Municipalities Act, 1964.

The dispute originated from a notice issued by the Chief Officer of the City Municipal Council, Chintamani, directing the petitioners, and its proprie...